Case: 11-12945 Date Filed: 02/14/2013 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________
No. 11-12945
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D. C. Docket No. 8:09-cv-01375-SCB-TBM
COMPREHENSIVE CARE CORPORATION,
Plaintiff-
Counter-Defendant-
Third Party Defendant-
Appellant,
versus
JERRY KATZMAN,
Defendant-
Counter-Claimant-
Appellee,
JARED KATZMAN,
LEE KATZMAN,
MICHELLE KATZMAN,
Third Party Plaintiffs-
Appellees.
Case: 11-12945 Date Filed: 02/14/2013 Page: 2 of 4
_______________
No. 11-13603
______________
D.C. Docket No. 8:09-cv-01375-SCB-TBM
COMPREHENSIVE CARE CORPORATION,
Plaintiff-
Counter-Defendant-
Third Party Defendant-
Appellant,
versus
JERRY KATZMAN,
Defendant-
Counter Claimant-
Counter Defendant-
Appellee,
JOHN DOE I, et al.,
Defendants,
JARED KATZMAN, et al.,
Third Party Plaintiffs-
Counter Claimants.
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Case: 11-12945 Date Filed: 02/14/2013 Page: 3 of 4
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Appeals from the United States District Court
For the Middle District of Florida
______________
(February 14, 2013)
Before DUBINA, Chief Judge, BLACK and ALARCÓN, * Circuit Judges.
PER CURIAM:
This case involves an employment dispute that went to verdict. The facts
are simple, but exorbitant motions practice, an inadequate verdict form, sparse jury
instructions, and perplexing post-trial procedures have led this simple dispute into
disarray. We in no way credit these deficiencies to the manner in which the district
court handled this case, but rather to the counsel involved. Plaintiff/Counter
Defendant/Appellant Comprehensive Care (“CompCare”) appeals the district
court’s order granting Defendant/Counter Claimant/Appellee Dr. Jerry Katzman’s
(“Katzman”) renewed motion for judgment as a matter of law under Federal Rule
of Civil Procedure 50(b) and increasing the jury’s damages verdict from zero to
$1,306,456.00. CompCare also appeals the district court’s motion for
reconsideration, as well as the attorneys’ fee award to Katzman. The appeals have
been consolidated.
*
Honorable Arthur L. Alarcón, United States Circuit Judge for the Ninth Circuit, sitting
by designation.
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Case: 11-12945 Date Filed: 02/14/2013 Page: 4 of 4
After reviewing the record, reading the parties’ briefs, and having the benefit
of oral argument, we conclude a new trial for liability and damages is necessary
given the circumstances of this case. Therefore, we reverse the Rule 50(b)
judgment and order awarding attorneys’ fees and remand this case for a new trial
on liability and damages.
REVERSED and REMANDED.
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